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-15- <br /> NOV C-84-090 <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, $50.00 is assessed. <br /> B. Seriousness: <br /> The Division proposed an assessment for seriousness of $1 ,600.00. This <br /> was based upon the relief that the sediment ponds were filled beyond <br /> their design capacity. If this were so, the potential for grave <br /> consequences was very high. However, this observation was not <br /> supported and the NOV was modified. The potential seriousness of the <br /> violation relates to the short-circuiting of the lower sediment pond <br /> because of the breach in the drainage ditch. $325.00 is assessed for <br /> seriousness. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $500.00 is assessed for fault. <br /> D. Good Faith: <br /> No award for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-090 is $875.00 <br /> 6 <br />